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Bombay High Court Quashes Customs Communication Restraining Property Transfer Without Authority of Law. Communication directing society not to permit transfer of flat without NOC from Customs held without legal sanction and violative of Article 300A of Constitution.

The petitioner, Smt. Supriya Chokhara, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicature at Bom...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Not Binding as Vendor Not Party. Agreement executed between plaintiff and defendant without vendor's consent held unenforceable under Section 54 of Transfer of Property Act, 1882.

The appellant (defendant in the suit) challenged the judgment and order dated 16/07/2022 passed by the learned District Judge No. 18, Nagpur in Regula...

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Bombay High Court Dismisses Appeal for Specific Performance of Sale Agreement Due to Failure to Prove Readiness and Willingness. Appellants failed to demonstrate financial capacity and timely performance under the Specific Relief Act, 1963.

The appellants, Hemant M. Deshmukh, Ashok Varma, and Gyanchand D. Oswal, filed a suit for specific performance of an agreement of sale dated 21/12/199...

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Bombay High Court Allows Landlord's Petition with Directions in Rent Control Eviction Appeal — Amendment to Written Statement Upheld but Landlord Permitted to File Affidavit Explaining Continuing Need Despite Purchase of Flats by Sons.

The case involves a landlord's petition challenging an order of the learned District Judge at the appellate stage, which allowed the tenant to amend h...

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Bombay High Court Allows Union of India's Appeal in Railway Claims Case — Claim for Non-Delivery of Onions Held Time-Barred Under Section 78B of Railways Act, 1890. Notice of Claim Given After Six Months from Date When Delivery Ought to Have Taken Place, Hence Claim Not Maintainable.

The appellant, Union of India, represented by the General Managers of Central and Northern Railways, appealed against the judgment and decree of the R...

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Bombay High Court Dismisses Petitioners' Challenge to Tenancy Rights in Third Round of Litigation. Respondent's Adoption by Widow Before Tillers Day Confers Tenancy Rights Under Bombay Tenancy and Agricultural Lands Act, 1948.

The case involves a long-standing dispute over tenancy rights in two agricultural lands (Survey No.37/4 and 38/6) in Village Kharshi, Satara District....

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High Court of Bombay Dismisses MTNL's Challenge to Arbitral Award in Contract Dispute — Liquidated Damages and Risk Cost Recovery Set Aside. Termination of Contract Held Legal but Recovery of Liquidated Damages Without Proving Actual Loss and Risk Cost Expenses Without Proper Justification Set Aside.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, by Mahanagar Telephone Nigam Limited (MTNL), a public se...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder and Robbery Case Due to Unreliable Circumstantial Evidence. Chain of Circumstances Not Complete to Prove Guilt Beyond Reasonable Doubt Under Sections 302 and 392 read with Section 34 of IPC.

The State of Maharashtra appealed against the judgment of the 2nd Additional Sessions Judge, Sawantwadi dated 24 January 1997 acquitting the responden...